- (1.) This writ petition has been filed against the order dated 17.03.2018 passed by the learned Additional District Judge, Sawai Madhopur whereby, the application filed by the petitioners- appellants under Order 41 Rule 27 CPC, has been dismissed.
(2.) Assailing the order, it is contended by learned counsel for the petitioners that the learned Appellate Court was required to consider the application under Order 41 Rule 27 CPC at the time of hearing the appeal itself and not independent of that. He has placed reliance upon the judgments of the Hon'ble Supreme Court in case of Eastern Equipment & Sales Limited Versus Ing. Yash Kumar Khanna, (2008) 12 Supreme Court Cases 739, as well as a co-ordinate Bench of this Court in case of Mohan Das Versus Bachan Lal, 2000 WLC (Raj.) UC 228.
(3.) Learned counsel appearing for the plaintiffs-respondents, in all his fairness, concedes to the aforesaid legal proposition and submits that he has no objection if the learned appellate Court is directed to decide the application filed by the petitioners- appellants under Order 41 Rule 27 CPC at the time of hearing of the appeal itself.;